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Careless Driving

Careless Driving in Ontario

Careless driving ranks among the most common traffic violations in Canada, particularly in Ontario.

Defined by section 130(1) of the Ontario Highway Traffic Act, careless driving is an offense that involves operating a motor vehicle or streetcar on a highway without due care and attention or reasonable consideration for other road users.

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Convictions for careless driving come with severe consequences, including 6 demerit points, fines ranging from $400 to $2,000, potential jail time of up to six months, and a driver’s license suspension for up to two years.

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Is careless driving a criminal offense?

No, careless driving is not a criminal offense under the Criminal Code but is governed by the Ontario Highway Traffic Act.

Careless driving charges typically arise from accidents where no police officer witnessed the driving behavior that led to the incident

What constitutes careless driving in Ontario?

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Careless driving involves a disregard for traffic rules, including driving without the necessary care, attention, or consideration for other road users. The law allows for a broad interpretation by police, which can include behaviors such as:

  • Following too closely;

  • Attempting to turn at an intersection before an amber light turns red;

  • Rear-ending another vehicle;

  • Failing to check mirrors before maneuvering;

  • Unsafe passing;

  • Using a cellphone while driving;

  • Simultaneously changing lanes and speeding on the highway;

  • Reading a newspaper in traffic on the highway, among other actions.
     

Types of Careless Driving Tickets in Ontario:

  • Careless driving ticket without an accident;

  • Careless driving ticket with an accident;

  • Careless driving ticket causing bodily harm or death.

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Careless Driving without an Accident:

If you’re charged under section 130(1) of the Highway Traffic Act for operating a vehicle without due care and attention, this can sometimes be reduced to charges like unsafe lane change or following too closely.

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Careless Driving Causing Death or Bodily Harm:

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Driving carelessly and causing bodily harm or death is a serious offense under section 130(3) of the Highway Traffic Act. This may result in a jail sentence, significant fines, and loss of your driver's license. However, it is not classified as a criminal offense.

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Penalties for Careless Driving in Ontario in 2024:

For Careless Driving Not Causing Bodily Injury or Death:

  • 6 demerit points;

  • Fines from $400 to $2,000;

  • Up to six months in jail;

  • License suspension for up to two years;

  • Increase in insurance rates.
     

For Careless Driving Causing Bodily Harm or Death:

  • 6 demerit points;

  • Fines from $2,000 to $50,000;

  • Up to two years in jail;

  • License suspension for up to five years;

  • Significant increase in insurance rates.

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Impact of Careless Driving on Insurance:

A conviction for careless driving can lead to a doubling of insurance premiums for up to six years. If reckless driving is also involved, insurers may refuse to renew your policy.

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Duration of Careless Driving on Record in Ontario:

A careless driving conviction remains on your driving record for three years, potentially affecting eligibility for certain government jobs.

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Fighting a Careless Driving Charge in Ontario:

Each case is unique, making it essential to avoid relying solely on defenses used in other cases. Careless driving tickets must be submitted within 15 days for an early resolution meeting or trial date. The court does not treat careless driving as a minor offense, so consulting a lawyer or paralegal for a defense strategy is advised.

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Preparation for a careless driving trial involves understanding the police evidence and developing a tailored defense strategy. Showing up in court without a well-prepared defense often leads to conviction.

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Steps to Fight a Careless Driving Charge:

  • Do not pay the ticket or plead guilty.

  • Submit the ticket to court within 15 days.

  • Schedule and prepare for a trial.

  • Attend the trial ready to contest the charge.
     

Effective defense might include legal nuances or absent witnesses, which can sway the outcome in your favor.

However, for the best possible outcome, professional legal representation is recommended. Specialists in traffic law can provide the strongest defense, potentially saving time, money, and preserving your driving record.

In conclusion, if you are charged with careless driving, it is crucial to seek professional help rather than attempting to handle it alone. Call today for a free initial consultation to prepare an effective defense strategy.

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